T Visa – Protection for Survivors of Human Trafficking
If you were brought to or kept in the United States through human trafficking, you may qualify for a T Visa.
The T Visa is designed to:
- Protect survivors of severe human trafficking
- Encourage cooperation with law enforcement
- Provide a path toward stability and permanent residence
Human trafficking includes both sex trafficking and forced labor.
Who Qualifies for a T Visa?
You may qualify if:
- You were a victim of severe human trafficking
- You are physically present in the U.S. because of that trafficking
- You have complied with reasonable requests from law enforcement (with some exceptions)
- You would suffer extreme hardship if removed from the United States
You do not need to be in lawful immigration status to apply.
What Counts as Human Trafficking?
T Visa cases generally involve:
Sex trafficking
- Commercial sex involving force, fraud, or coercion
- Any commercial sex involving a minor (under 18)
Labor trafficking
- Forced labor
- Debt bondage
- Involuntary servitude
- Slavery-like conditions
- Recruitment or transportation through force, fraud, or coercion
Do I Have to Help Law Enforcement?
In most cases, applicants must cooperate with reasonable law enforcement requests.
However, exceptions exist if:
- You are under 18
- You are unable to cooperate due to physical or psychological trauma
Each situation is evaluated individually.
What Is “Extreme Hardship”?
To qualify, you must show that returning to your home country would cause unusual and severe harm.
This can include:
- Risk of retaliation
- Risk of re-trafficking
- Serious medical or mental health needs
- Lack of protection in your home country
- Severe social stigma
- Safety concerns
The hardship standard for T Visas is higher than normal hardship. We carefully document every risk.
Admissibility & Waivers
Most immigration problems can be waived in T Visa cases.
T Visa applicants are exempt from certain inadmissibility grounds, and waivers are often available for others — especially if the immigration issue resulted from the trafficking itself.
However, waivers must still be properly requested.
Family Members (Derivative T Visas)
Certain family members may qualify as well.
If you are under 21, you may include:
- Your spouse
- Your children
- Your parents
- Your unmarried siblings under 18
If you are 21 or older, you may include:
- Your spouse
- Your children
In certain cases, additional family members may qualify if they face danger because of your trafficking case.
There is no annual cap on family member visas.
How to Apply
A T Visa application typically includes:
- Form I-914
- A detailed personal statement
- Evidence of trafficking
- Evidence of cooperation (if required)
- Evidence of hardship
- Waiver forms (if needed)
Law enforcement certification is helpful but not always required.
USCIS will schedule fingerprinting and, in most cases, an interview.
Annual Limit
There is a cap of 5,000 principal T-1 visas per year.
If the cap is reached, eligible applicants may be placed on a waiting list and may receive temporary protection while waiting.
Family members are not subject to the annual cap.
T Visa While in Removal Proceedings
If you are in immigration court or have a removal order, you may still apply for a T Visa.
In some cases:
- Removal proceedings can be paused
- A stay of removal may be requested
- A removal order may be canceled after approval
These cases require careful coordination.
Our Approach
T Visa cases are complex and deeply personal.
At Heflin Law, PLC:
- You work directly with an attorney
- We move at a pace that respects trauma
- We carefully prepare hardship evidence
- We coordinate waivers when necessary
- We guide clients through interviews and court issues
As a mother-and-son immigration law firm in Phoenix, we approach trafficking cases with seriousness, confidentiality, and compassion.
Survivors deserve protection.
If there is a path forward, we will help you find it.
